Legal Opinion

Hubert v. Jose

Appellate Division of the Supreme Court of the State of New York

Decided January 12, 1912PublishedCited by 4 opinions

Appeal by the defendant, George Louis Jose, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, rendered on the 7th day of April, 1911.

1Opinion of the Court

Jenks, P. J.:

The plaintiff recovered $150 as a penalty under chapter 1042 of the Laws of 1895, in that the defendant, the keeper of an eating house, refused to serve him upon the express ground that he was a colored man. This statute has been re-enacted in the Civil Bights Law {infra).

Two points are made against the judgment: First, it is contended that the motion to dismiss the plaintiff, made at the close of his case, should have been granted, in that there was no proof that the plaintiff was a “citizen.” The fact may be that the plaintiff was a “citizen,” and that, if his attention had…

2Cases cited9 opinions

  1. Quinlan v. . WelchNew York Court of Appeals · 1894
  2. Bacon v. Board of State Tax CommissionersMichigan Supreme Court · 1901
  3. Union Hotel Company v. . HerseeNew York Court of Appeals · 1880
  4. George v. GobeyMassachusetts Supreme Judicial Court · 1880
  5. Town of Kirkwood v. AutenreithMissouri Court of Appeals · 1886

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1986
  2. Hobson v. York Studios, Inc.City of New York Municipal Court · 1955
  3. Jackson v. ImburgiaNew York Supreme Court · 1945
  4. Industrial Linens Supply Co. v. Missouri Commission on Human RightsMissouri Court of Appeals · 1976

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